FAQs

Hamilton’s Safe Apartment Buildings By-law 24-054 requires apartment building owners to register their building(s) with Licensing and By-law Services’ Safe Apartment Buildings Program. 

The program is designed to improve the condition of apartments across Hamilton by helping the City, landlords and tenants work together to fix problems more quickly and effectively.

The Safe Apartment Buildings By-law takes effect on January 1, 2026. All property owners must register their buildings following January 1, 2026. City staff will complete building evaluations once a building is registered.

To comply with the Safe Apartment Buildings By-law, property owners must maintain the building and keep it in a state of good repair.  By focusing on property standards concerns (e.g. locking systems, the condition of windows and doors, overall condition of building interiors and exteriors, etc.)  and vital services (e.g. reliable supply of heat, water, and electricity), the By-law will improve the general safety of apartment buildings and ensure systems are in place to address complaints related to buildings maintenance and general repairs.  Vacant units may not be rented to a new tenant if there are any known deficiencies, pests, or property standards orders against the unit. 

As building conditions are sustained and improved, the need for property owners to issue N13 notices requiring vacant possession of a rental unit to complete unexpected major repairs will be reduced.

Under the By-law, property owners must install a tenant notification board in a common area of the building and display relevant information. This will ensure tenants are better informed about any major upcoming repairs to their building and more prepared to access tenant support services when needed. 

Property owners must create a process to accept and respond to Tenant Service Requests. Tenant Service Requests are a tool for a tenant to communicate with the property owner about any concerns with their rental unit or the apartment building.  Tenant Service Requests can be used to submit the following concerns:

• Breach of security in the rental unit or building
• Loss of vital services (heat, water, electricity, etc.)
• Pests
• Property standards or general repairs
• Cleaning or maintenance issues (e.g. graffiti, litter, long grass or weeds, waste, etc.)

The By-law applies to rental apartment buildings in Hamilton with two (2) or more storeys (not including the basement level) and six (6) or more rental units (including basement rental units). 

The By-law applies to market-rate rental apartment buildings and social housing providers.

The By-law does not apply to condominiums, long-term care homes, licensed residential care facilities, licensed retirement homes, lodging homes or housing co-operatives.

The building registration is valid for a period of one year and must be completed annually.

To register an apartment building, the building owner must provide: 

• The name and contact information of the building owner, a secondary contact, and the building operator (if there is one)
• A description of the apartment building, the number of rental units and a summary of other building features or amenities, including security features
• Proof of general liability insurance for the apartment building with a minimum per occurrence limit of $2,000,000.00
• Copies of each mandatory plan described in the By-law:
  • Integrated Pest Management Plan
  • Waste Management Plan
  • Cleaning Plan
  • State of Good Repair Plan
  • Electrical Maintenance Plan
  • Vital Service Disruption Plan

A registration certificate will be issued once the required documents listed above have been submitted and the annual registration fee has been paid.

Once a building is registered, City of Hamilton Municipal Law Enforcement Officers from the Rental Compliance Team will visit. They will check the outside of the building and common areas for any property standard issues and give the building a score. They will also review how well the building follows customer service and record-keeping requirements, as described in the By-law. They may speak with tenants and provide information about the By-law and how to report concerns.   

Evaluation scores will be posted on the tenant notification board and available to the public online. 

The evaluation score will determine the timing of the next building evaluation and the level of tenant engagement that will be used:

• Score of 85% or higher – subsequent evaluation will take place 3 years from the initial evaluation date
• Score of 51% - 84% - subsequent evaluation will take place 2 years from the initial evaluation and will include door knocking to encourage tenant engagement and education

Score of 50% or lower – audit will be conducted approximately 1 year from the initial evaluation date

Buildings that score 50% or lower in a building evaluation will receive a comprehensive audit inspection by program staff approximately one year after the initial building evaluation. During an audit, staff will engage tenants by door-knocking to identify and address issues inside rental units. The current audit administration fee is $2,123 plus HST per audit and may be increased annually under the City of Hamilton’s User Fees and Charges By-law.